Mahwah February 20, 2013 THE VILLADOM TIMES IV • Page 5 Expert critical of drainage plan for landlocked lot by Frank J. McMahon The multi-year dispute between Mahwah neighbors Philip and Julia Filippone and their neighbor, James Venusti, continued at a recent zoning board of adjustment meeting. At that meeting, civil engineer and geotechnical expert Lisa Mahle-Greco of the Johnson Soils Company in Glen Rock testified that the drainage plan created for the long driveway would not permit water to drain into the ground because of the amount of granite present in the area. The proposed driveway would extend across the Venusti property to provide access from Midvale Mountain Road to the Filippones’ 3.39-acre undeveloped, landlocked property. The Filippone lot is located in a wooded area west of the Ramapo River and Ramapo Valley Road near the border of the Borough of Oakland. The parcel has no frontage on or access to a roadway. Greco told the board she had five test pits dug by hand at each of the areas proposed for underground water detention chambers. She said her tests indicated that there is very little soil on the surface before granite is reached, and there is no soil beneath the granite to allow water detention chambers to be installed and to allow water to drain into the ground. Greco predicted that, if water detention chambers were installed in the ground, a bathtub situation would be created. That is, water would fill up around the chamber until it flowed out onto Midvale Mountain Road or onto the Venusti property. She also testified that, if the rock were blasted in order to excavate an area to install the water retention chambers, a fissure might be created in the rock and it is unknown where the water would then go. Venusti’s attorney, Robert Zisgen, asked Greco if the water detention chambers would work given the condition of the soil. “I don’t believe so,” Greco answered. Township Engineer Mike Kelly advised the board that, typically, if it is found during construction that a drainage system cannot be installed, the applicant must return to the board with an alternate drainage plan because the results of the drainage system must be proven before it can be installed. Kelly said the efficacy of the drainage system is typically addressed during construction and, if necessary, it can be redesigned or the chambers changed. He said has never seen a situation where a drainage system could not be designed to work. Dennis Cummins, the attorney for the Filippones, asked if his expert could go onto the Venusti property to check the veracity of Greco’s testimony. Zisgen said he would discuss that request with his client, but he thought it would be more appropriate to first check the test pits on the Filippone property. Those test pits were dug by Matthew Fox, the Filippones’ engineer, who previously told the board there would be 10 locations along the proposed driveway for storm water retention and two areas of seepage pits associated with the residential construction. Fox claimed no ledge rock was found on the site and, even if solid rock were found at the location of the proposed water detention chambers, the soil could be made permeable to drain water over a 36-hour period. He also voiced his opinion that the number of storm water retention locations proposed for the site would be adequate to address the drainage requirements. Jeffrey Doolittle, a professional engineer for Venusti, supported Greco’s testimony, however, saying the purpose of the water detention chambers is to control the rate of the additional runoff so that it remains at the rate that existed before any development on the site, allow the water to drain into the ground, and maintain water quality. “Looking at the level of rock in the area,” Doolittle said, “if the chambers are constructed in this location I don’t think they will do what they are intended to do.” Board member Wesley Whiteman questioned how much the runoff would increase since the impervious driveway would be on top of the granite already in the ground. “I don’t see the increase,” he said. Douglas Chabrak, an expert in environmental science, also testified at the meeting. He said he had reviewed the township’s zoning ordinance and the environmental impact study done by Fox, and concluded that the environmental impact study was inadequate in several areas. He pointed to the disturbance within 150 feet of the Fox Brook on the property, information on the wildlife and protected species identified by the federal government, and aesthetic values, which he said were not adequately addressed. In addition, he said the study did not demonstrate compliance with the township’s zoning ordinance. The Filippones’ application to determine if their landlocked piece of property can be developed has been ongoing since 2009. The applicants won the right to a 25-foot wide easement over Venusti property in Superior Court in 2007. The Filippones want to construct a single-family dwelling on their property with a 12-foot wide driveway that would extend across that easement over Venusti’s property to provide access Midvale Mountain Road. The hearing will continue on March 6, when Cummins will cross-examine Greco and Chabrak. Professional planner Michael Kauker and Venusti may also testify.